Victor Frost and the City of Palo Alto remain locked in a legal struggle that shows no sign of a speedy resolution.
Frost, the 60-something panhandler often found on Homer Avenue, appeared again in court Friday, this time represented by Santa Clara County Deputy Public Defender Jennifer Green.
Santa Clara County Superior Court Judge Marliese Kim agreed to continue the case until September.
Green said she might enter a demurrer, a plea that would challenge the validity of the city's sit-lie ban, which restricts anyone from sitting or lying on certain heavily used sidewalks during peak hours.
"There's a whole body of law and I've just scratched the surface," Green said.
"I think it's troubling to view the act of sitting peacefully on a public sidewalk as a crime."
Frost, who regularly sits on a crate across from Whole Foods Market, faces six counts of violating the sit-lie ban, which the City Council expanded to include Homer Avenue following numerous complaints about Frost.
Frost previously pleaded innocent and filed a motion to dismiss charges. Kim agreed to rescind Frost's plea Friday following a request by Green.
The city, represented by Assistant City Attorney Donald Larkin, has filed a motion calling the case "meritless."
Larkin pointed out the Ninth Circuit Court of Appeals has considered a similar ordinance in Seattle and found it constitutional.
The city tried to find a job for Frost and waited for months to enforce the ordinance. Larkin said Friday the city just wants Frost to obey the law.
"There are other places to sit and panhandle," Larkin said.
The maximum penalty would be a $1,000 fine and six months in jail, but Larkin said the city does not like to fine anyone living on the streets and he hopes the case will be resolved before it results in a jail sentence.
"I've never encountered anybody quite so stubborn so conceivably it could end up with jail time," Larkin said.
"I'm sticking to my guns," Frost said Friday following his court appearance.
He hasn't been on Homer Avenue this week because he's been "resting and thinking" in preparation for his court date.
Frost has been homeless since he left the Opportunity Center earlier this year, but now has a shot at an apartment beginning in August, he said.
A regular candidate for the City Council, Frost grew up in Palo Alto and has hopes of retiring on a goat farm in northern California.
He next appears in court Sept. 16 at 1:30 p.m.